TY - JOUR

T1 - The concept of “public” in international copyright and related rights law

AU - Blomqvist, Jørgen

N1 - This article is an adaptation of a Danish language article in Carina Risvig Hamer, Hans Viggo Godsk Pedersen and Nis Jul Clausen (eds.) in Festskrift til Bent Ole Gram Mortensen, Copenhagen, DJØF Forlag 2022, pp. 131-149.

PY - 2023

Y1 - 2023

N2 - The concept of “public” in the Berne and Rome Conventions must be interpreted in a holistic way in accordance with the Vienna Convention on the Law of Treaties. In particular, it is necessary to involve the principles of the “three step test” in the TRIPS Agreement, the WCT and the WPPT. In view of the international jurisprudence in that respect, one should pay particular attention to the economic importance of the distinction for the right owners, rather than to more or less abstract notions of personal links between organizers and audience or among the members of the audience.

AB - The concept of “public” in the Berne and Rome Conventions must be interpreted in a holistic way in accordance with the Vienna Convention on the Law of Treaties. In particular, it is necessary to involve the principles of the “three step test” in the TRIPS Agreement, the WCT and the WPPT. In view of the international jurisprudence in that respect, one should pay particular attention to the economic importance of the distinction for the right owners, rather than to more or less abstract notions of personal links between organizers and audience or among the members of the audience.

KW - Faculty of Law

KW - Ophavsret

KW - Offentlighed

KW - konventionsfortolkning

M3 - Journal article

VL - 276

SP - 120

EP - 162

JO - RIDA - Revue internationale du droit d´auteur

JF - RIDA - Revue internationale du droit d´auteur

ER -